Criminal Records Disclosure during Reinvestigation


#1

I am currently due for my periodic reinvestigtion for a SECRET clearance. I was arrested back in May 2007 when my initial clearance was underway. I was charged for shoplifitng (not sure the legal term for the criminal charge, maybe larceny) but was convicted of trespassing after my dealings with my lawyer and court. I was given an interim clearance but also remember it being placed on suspension for about a year because of that. A few years later, June 2010, I was caught again for shoplifitng on a military base. I was arrested by the military police and was released to my unit. I was given an Article 15 for the incident, but it was placed in my restricted files.

I have not yet started my application, but have concerns about what to disclose. Since this is a reinvestigation, and I was told that the history goes back 7 years, do I need to disclose this in my application?

I have then taken my adult life very seriously and have not done anything criminal since. This is because I was finally starting to understand the consequences that can come with these criminal charges and the effect it would have on my military career and possibly my civilian career. Please advise on if I 1. need to disclose this in my application (parts or all?), and 2. be concerned that my clearance will not be renewed?


#2

You didn’t indicate what the status of your clearance was for the 2nd offense/Article 15, but if they allowed you to keep it then and you have no new criminal conduct, then the issue should be settled. However, you should disclose the information as it will be found out in the reinvestigation anyways, that way it won’t like like you are hiding anything, which would create a new issue.


#3

I don’t even think it was reported to my security officer. I say this because I didn’t hear anything about my clearance being suspended or taken away, and continued to maintain my clearance. Would these things automatically trigger some sort of negative marking for my clearance?


#4

Because it was a local MP arrest and unit commander responsibility there is a good chance ir was not reported to the Army CAF. That is why it is important to disclose now because the reinvestigation will check local base law enforcement records, as well as Army official records and it may very well be in there.


#5

The commander would have involved your Personnel Security office. When I ran an Info/Persec/Industrial/Physical security program for the Air Force at a nuclear installation we read the daily blotters for the SP (Air Force version of MP) daily. Any blotter info reflecting possible concern for a clearance was then sent to the responsible commander with a letter signed by the Chief of Security Police (name has changed twice since then to Chief Security Forces and I believe Defense Force Commander now). In the mid to late 90’s a Special Security file was opened and reportable events did go forward. I’m sure your Article 15 took pay and possibly a stripe so you have paid your dues. If your fitness reports reflect higher scores I suggest bring ing them to show you have rebounded. I am a firm believer in over reporting than under reporting. And of course “killing” them with paperwork that otherwise praises your accomplishments over the past few years definitely helps the whole person concept.


#6

I guess…bottom line, should I be concerned whether they are going to allow me to renew my clearance?


#7

All of my punishments were suspended, not sure for how long, due to my character from my Commander’s view. So nothing happened, other than paperwork, and the Article 15 filed in my restricted file.


#8

Sounds like they opened a UIF or Unfavorable Information file. It is a bit redundant as all that would be in your file anyway, but should you attempt to re-enlist in that period or cross train, the UIF can limit you. The good news is that the UIF is for a determined amount of time. Likely a year. If there wasn’t any more bad info filed…it closes out and there is but a blip on your record stating you had a UIF at one time. If you have promoted since then I can tell you it has been overcome.